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Can I Seek Punitive Damages in a Texas Injury Case?

Posted on July 28, 2023

When someone sustains an injury due to another person’s negligent or intentional actions, they may pursue compensation through a personal injury lawsuit. In Texas, victims have the right to seek various types of damages, including economic damages (medical bills, lost wages, etc.) and non-economic damages (pain and suffering, emotional distress, etc.). In addition, under certain circumstances, punitive damages may also be pursued.

What are Punitive Damages?

Punitive damages, also known as exemplary damages, are a type of compensation awarded to a plaintiff (injury victim) in a civil lawsuit. Unlike economic and non-economic damages, which are meant to restore the victim to their pre-injury state, punitive damages aim to penalize the defendant for their egregious conduct. The primary purpose of punitive damages is to deter the defendant and others from engaging in similar misconduct in the future.

Conditions for Seeking Punitive Damages in Texas

In Texas, seeking punitive damages in an injury case is subject to specific conditions outlined in the Texas Civil Practice and Remedies Code, Title 4, Chapter 41. To be eligible, the plaintiff must provide clear and convincing evidence that the harm they suffered resulted from fraud, malice, or gross negligence.


Fraud is an intentional deception or misrepresentation made by one party with the purpose of inducing another party to act in a way that causes harm or loss. To prove fraud, the plaintiff must demonstrate the following elements:

  • A false representation or statement of fact.
  • The defendant’s knowledge of the falsity of the representation.
  • The defendant’s intention was to deceive the plaintiff.
  • The plaintiff’s justifiable reliance on the false representation.
  • Damages suffered by the plaintiff as a result of the reliance.


Malice implies that the defendant intentionally caused harm or injury to the victim without any legal justification or provocation. It includes intentional acts of violence or harm. To prove malice, the plaintiff must provide evidence that the defendant acted with a deliberate disregard for the rights and safety of others.

Gross Negligence

This refers to a level of negligence that goes beyond ordinary carelessness. It involves reckless behavior or a conscious disregard for potential risks, displaying a lack of concern for the safety and well-being of others. To prove gross negligence, the plaintiff must demonstrate that the defendant’s conduct significantly deviated from what a reasonable person would have done in the same situation.

Caps on Punitive Damages

Texas places a cap on punitive damages, limiting the amount a plaintiff can receive. According to the law, punitive damages cannot exceed $200,000 or two times the amount of economic damages, plus the amount equal to non-economic damages, up to a total of $750,000.

Examples of Cases When Punitive Damages are Awarded

While each case is unique, here are some examples of situations where punitive damages may be awarded:

Drunk Driving Accidents

If a defendant causes a severe accident while driving under the influence of alcohol or drugs, resulting in serious injuries or fatalities.

Product Liability

In product liability cases, punitive damages may be awarded if it is proven that the manufacturer knew about a dangerous defect in their product but failed to warn consumers or recall the product.

Medical Malpractice

In cases of medical malpractice, punitive damages could be sought if it is demonstrated that a healthcare professional intentionally harmed a patient or acted with a conscious disregard for the patient’s well-being.

Workplace Safety Violations

If an employer knowingly ignores safety regulations, fails to provide proper safety equipment, or intentionally exposes employees to hazardous conditions, and an employee is seriously injured as a result, punitive damages may be awarded.

Intentional Torts

Cases involving intentional acts such as assault, battery, false imprisonment, or intentional infliction of emotional distress may qualify for punitive damages, especially if the defendant’s actions were particularly heinous.

It’s important to note that not all personal injury claims qualify for punitive damages. Courts generally reserve punitive damages for the most egregious instances where ordinary compensatory damages are deemed insufficient to address the defendant’s conduct adequately. If you believe you have a case that might warrant punitive damages, consult an experienced Waco personal injury lawyer.